• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
    • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
    • Trust and Probate Litigation: Verdicts and Settlements
  • Services
    • Estate Planning
    • Probate
    • Trust Administration
    • Trust, Probate and Estate Litigation
    • Family-Owned Businesses
    • IRA & Retirement Planning
    • LGBTQ Estate Planning
    • Loss of a Loved One
    • Power of Attorney
    • SECURE Act
    • Special Needs Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Young Families
  • Probate
    • Is Probate Always Necessary In California?
    • Probate & Estate Planning Savings Calculator
    • Probate Administration
    • Probate Code 850 Petitions
    • Probate Disputes
    • Probate In California
    • Probate Laws
    • Probate Litigation
    • Why Hire A Probate Attorney
  • Elder Law
    • Conservatorship
    • Coping with Alzheimer’s
    • Estate Planning
  • Resources
    • Elder Law
      • Elder Law & Medi-Cal Definitions
      • Elder Law Reports
    • Estate Planning
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Special Needs Planning Can Protect Benefits
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
      • Webinars
    • Frequently Asked Questions
      • Advance Health Care Directives
      • Asset Protection
      • California Adult Conservatorship
      • Estate Planning
      • Estate Planning & Remarriage
      • Frequently Asked Questions For Families Without An Estate Plan
      • In-Home Elder Care
      • IRA Inheritance Planning
      • IRA & SECURE Act
      • Irrevocable Trust
      • Last Will and Testament
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Living Trust
      • Probate
      • Special Needs Planning
      • Trusts
      • Trust Administration
      • Wills
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Published Book
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Communities We Serve
    • Los Angeles County
      • Bellflower
      • Cerritos
      • El Segundo
        • El Segundo Probate Resources
      • Hawthorne
      • Inglewood
      • Long Beach
        • Long Beach Elder Resources
        • Long Beach Probate Resources
      • Manhattan Beach
      • Playa del Rey
      • Santa Monica
      • Westchester
        • Westchester Elder Resources
        • Westchester Probate Resources
    • Orange County
      • Anaheim
      • Buena Park
      • Cypress
      • Fountain Valley
      • Garden Grove
      • Huntington Beach
        • Huntington Beach Elder Resources
        • Huntington Beach Probate Resources
      • Los Alamitos
        • Los Alamitos Probate Resources
      • Rossmoor
      • Stanton
      • Seal Beach
      • Westminster
  • Contact Us
  • BLOG
  • Videos

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Connect With Us Today (310) 337-7696

Attend a Free Event
Home » Article » LA Probate Law Explains What is A Limited Conservatorship

LA Probate Law Explains What is A Limited Conservatorship

November 28, 2015Article

LA Probate Law Explains What is A Limited Conservatorship

Limited conservatorships are set up to assist developmentally disabled adults who are unable to provide for all their personal or financial needs. A limited conservatorship encourages further development of the conservatee wherever possible explains LA Probate Law. A limited conservator’s duty is to help the limited conservatee develop maximum self-reliance and independence. If you are trying to establish a limited conservatorship for someone who will soon be 18, it’s a good idea to start the process more than three months before the DD person’s 18th birthday. Parents, brothers and sisters who may act as limited conservators should talk to the DD person so they know what is best for his/her medical care, living arrangements, education and training. California law provides for a limited (as opposed to general) conservatorship, on a case by case basis, for adults with significant developmental disabilities. The law recognizes past abuses of power (e.g., forced sterilization), and seeks to provide substitute decision-making support only in areas where there is a clear need. A limited conservatorship is a court-approved, legal relationship between a competent adult and an adult with a developmental disability, which gives the conservator a defined degree of authority and duty to act on behalf of the conservatee in making decisions affecting the conservatees life.

What Type Of Decisions Can A Limited Conservator Make?

The judge gives the limited conservator authority to take care of specific aspects of the conservatee’s life and no others. The limited conservator’s Letters list the exact areas in which he or she is authorized to act. These areas may include: Where the conservatee will live; See mail, medical records, test results, reports, and all other confidential records and papers relating to the conservatee; Consent or withhold consent to conservatee’s marriage; Be the only person who may consent to medical treatment; Restrict the conservatee’s social and sexual contacts and relationships; Make all decisions about the conservatee’s education; and Restrict the conservatee’s right to make contracts. Is a limited conservatorship different from a mental health (LPS) conservatorship? Yes states LA Probate Law. An LPS conservatorship is only for people who are seriously mentally ill and need special care (usually placement in a locked facility and/or very powerful drugs to control behavior). But, if a person has a developmental disability, they may need a limited conservatorship, not an LPS conservatorship. Developmentally disabled people can usually do many things an LPS conservatee cannot do. So, the Court limits the limited conservators’ powers. See our LPS Conservatorships page for more information.


Is There Any Supervision?

The court supervises the limited conservatorship. A court investigator will visit the limited conservatee one year after the conservator has been appointed and every two years after that. A limited conservatorship continues until one of the following occurs: The conservator dies.  The conservatee dies.  A general conservator is appointed. A judge ends the limited conservatorship. At the hearing, the judge will say exactly what rights the conservator has. Because developmentally disabled people (abbreviated as DD, below) can usually do many things on their own, the judge will only give the limited conservator power to do things the conservatee cannot do without help. Unless you have a court order and you are also the conservator of the estate. When you send your annual report to the Court, you can ask to be compensated for your time and any legal fees you may have paid to help you manage the estate explains LA Probate Law. The Superior Court Probate Department will supervise the limited conservator. Someone from the Court Investigator’s Office will review your case one year after the conservatorship is granted, then every two years after that. The investigator will call you to update the Court’s file.

What Role Do Regional Centers Play In This Process?

It is a good idea to talk to an experienced lawyer or to ask a lawyer to review your forms. You can find a LA Probate Law lawyer from the membership list of the Silicon Valley Bar Association’s website. You can also get a referral to a lawyer from the Santa Clara County Bar Association. You can also get help at the Self-Help. The appropriate Regional Center must be notified when a court is asked to appoint a conservator for someone with a developmental disability. The Regional Center will conduct an interview and file it’s report and recommendations with the court prior to the appointment of a limited conservator. In any particular instance, there may (or may not) be a suitable alternative to a limited conservatorship. With respect to financial matters, serving as representative payee (for receipt of Social Security benefits) is often available, but may not be sufficient if the person has continuing and serious trouble avoiding financial exploitation. A trust is another device that may be available. Power of attorney – general, special or limited, whether durable or not – may be possible and could be effective. However, if a person lacks capacity (e.g., to give informed consent for medical treatment), a durable power of attorney would not work, because it presumes competence when signed. One parent has a durable power of attorney, given to her by her adult son, for both health care and finances, and she feels that the regional center is more inclined to involve her in key decisions because, as she explains it, nearly every decision has implications either for health care or finances. Voluntary acceptance of informal or formal assistance is another option.

LA Probate Law Explains What is A Limited Conservatorship

  • Author
  • Recent Posts
Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
  • Things You May Need to Update in Your Estate Plan When You Enter Retirement - March 22, 2023
  • 10 Estate Planning Tips You Cannot Afford to Ignore - March 21, 2023
  • 7 Estate Planning Steps for the Beginner - March 16, 2023

Other Articles You May Find Useful

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law: Are You at Risk for Inheritance Scams
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law Recovering Stolen Assets
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law: All About Wills
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law Explains Probate Law
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law What You Can Do with Bureaucracy Hold Up
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law on Estate Planning Considerations

Primary Sidebar

Schomer Law Group, Los Angeles Estate Planning, Probate, and Elder Law Attorneys

Schomer Law Group

Subscribe To Our Blog

Sign up using the form below to get our latest estate planning updates!

  • This field is for validation purposes and should be left unchanged.

Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

Office Address

El Segundo
2155 Campus Drive
Suite 250,
El Segundo, CA 90245
Phone: (310) 337-7696
Fax: 310-337-1277

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 6:00 PM
Tuesday9:00 AM - 6:00 PM
Wednesday9:00 AM - 6:00 PM
Thursday9:00 AM - 6:00 PM
Friday9:00 AM - 6:00 PM

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Schomer Law Group

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

footer-logo
© 2023 American Academy of Estate Planning Attorneys, Inc.

Schomer Law Group

Attorney Advertisement.

© 2023 American Academy of Estate Planning Attorneys, Inc.